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Meenakshi Vijayanand (Advocate / Law Firm)     21 October 2009

promissory note

Hi,

X borrows a sum or Rs.1,00,000/- for his family expenses from Y. X signed a blank promissory note while receiving the amount. After 6 months X repaid the amount. But Y neither return the pro-note to X nor cancelled it. After 2 years Y files a money suit against X claiming Rs.4,00,000/-  towards principal along with corresponding interest. What are the defences that X has as against Y's claim? 

 



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 5 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     21 October 2009

Dear Meenakshi,

Its simple, as per your stated facts, 'X' is not having any defenc  against clim of 'Y'.

Next: as you are saying tat, " After 6 months X repaid the amount ". But your query is silent above proof of re-payment.      

Suchitra. S (Advocate)     21 October 2009

Meenakshi madam,  as you said, "x" has not taken any reciept for the payment of the loan amount, and has not taken care to see that pronote is cancelled. How can law help a person who sleeps over his rights?  As Aejaz ji told, 'x' is not having any defence against the claim.


(Guest)

Meenaksh ji,

How did X repay through cheque or by cash?

 

jayaselan j k (all in all advocate)     22 October 2009

hi and halo

based on the stated facts the defence available to x as per law and the position of law is that ;

under the negotiable instruments act and as per Indian evidence Act section 114 presumption raised is rebuttable one and x has to establish the circumstances under repayment and has to led evidence to proove his case. unless and until the contrary is proved the presumption in favour of y cannot be rebutted. here the "contrary" as per section 114 and 118 NI Act is whether amount is repaid as per x or balance is there as per y's version. pls refer Hitten P Dalals case. 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

Nothing can be done. Better negotiate with Y inPanchayat and personal level and settle the matter out of court otherwise no defense is available.


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